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HomeMy WebLinkAbout03-05-01 Public Services Committee Minutes_Page_1MINUTES Dublin City Council PUBLIC SERVICES COMMITTEE Monday, March 5, 2001, 5:30 p.m. Council Planning Room Attending: Ms. Chinnici - Zuercher, Chair Mrs. Boring Stephen Smith Jennifer Readler Chad Gibson Sandra Puskarcik Ms. Chinnici - Zuercher called the meeting to order. She stated that the first item on the agenda is the recommendation for a life- saving award to be given to Officers Rene Rice and Bill Kreyer. These are the officers who rendered life- saving assistance to the child brought by her father to the Dublin Justice Center in a state of medical emergency. The Committee recommends approval of these awards. Mr. Smith stated that as a result of discussion of this incident at the last Council meeting, directional signage has been placed which provides direction to the Children's Hospital Urgent Care. The sign reads, "Pediatric Urgent Care, limited hours." Mr. Smith noted that City staff constructed and installed the signs within three to four days. The City Manager exercised emergency authority and directed the installation of the signs; consequently, it was unnecessary to amend the City's sign code. Ms. Readler noted that Children's Hospital expressed a desire for the signs to indicate the clinic's logo and specific hours. However, the legal department has informed them that since the Dublin facility is not a hospital, their logo cannot be used. In addition, "limited hours" does not indicate a 9:00 a.m. to 5:00 p.m. facility. Ms. Chinnici - Zuercher presented the second item on the agenda: Ordinance 18 -01 — An Ordinance Creating a Procedure for Issuing an Event Permit and Ordinance 19 -01 — An Ordinance Creating a Procedure for Issuing a Communitv Celebration Permit. Ms. Puskarcik stated that this legislation formalizes the administrative procedure that staff currently follows. An internal Special Events Committee has been in place the past eight to nine years to direct this process. However, the recent growth of City events and the impact on residents has indicated a need for legislation to facilitate control, although it does not alter the permitting procedure. She stated that Ordinance 18 -01 provides for a permit for citizens to hold events within the community. Ordinance 19 -01 provides for a permit for organizations within the City to participate in the three primary community -based City events: St. Patrick's Day, the Memorial Tournament, and the Irish Festival. Ms. Readler highlighted the key points /issues with each ordinance. She stated that there is an issue with the definition of "event" in Ordinance 18 -01. This ordinance requires a permit for all Public Services Committee March 5, 2001 Page 2 events held on public property and any large, private event, as it reads: "any gathering in any other place or building where the estimated attendance exceeds 500 participants." This language bypasses the backyard barbecues, birthday parties, and events that typically do not impact the community. The issue raised is that this definition reaches beyond the big, private, corporate event to school and hospital events, job fairs, wedding receptions -- events which have never been a problem. She pointed out that the application for an event permit does have a list of exemptions, and other exemptions could be added. Another issue is that the 90 -day in advance application filing deadline is too early. Ms. Puskarcik responded that their experience has been that the 90 -day requirement is often not long enough. Frequently, the location or resources are no longer available that the applicant requires for the event. Ms. Readler stated that another concern is with Section C -5, Compliance With Other Laws, which requires that the applicant is in compliance with all other state, federal and local laws. Sometimes the applicant has zoning code violations. If the applicant is operating under Temporary or Conditional Occupancy permits, that is permissible. However, if a citation has been filed against a business in Mayor's Court, they are not in compliance with local regulations. [Cathy Boring arrived at 5:45 p.m.] Mr. Smith urged caution with the compliance issue. There are instances when a business is not in compliance due to reasonable circumstances - - a lawsuit in progress, landscaping not yet completed after a project, tax issues. For instance, currently Cardinal Health has several items on which they are not in compliance due to the fact that there is a major lawsuit over the construction of their building. Mr. Smith recommended that the City Manager maintain the authority to exercise discretion on this issue. Ms. Puskarcik asked for clarification on the condition in 5 -13, "unless compliance is expressly waived through the event permit process." Mr. Smith indicated that this reflects the current process, in which the City Manager has discretion to waive compliance. Ms. Puskarcik indicated that approximately 50 -60 applications are received per year, and none of those are denied. Staff works with the applicant on dates, locations, resources, etc. in an attempt to facilitate the desired event. Ms. Chinnici - Zuercher noted that Ms. Readler had pointed out that the legislation as currently written is inclusive of certain types of events that have never been a problem, but that additional exemptions could be included. Mrs. Boring stated that, in her opinion, this legislation is more far - reaching than is necessary. She understands the attempt is to address recent problems, but is concerned that this is not the direction Council intended to deal with the event problem. Public Services Committee March 5, 2001 Page 3 Ms. Chinnici - Zuercher stated that the legislation contains the administrative process that has been followed for several years. Mr. Smith confirmed that this is basically the process. The main issue the ordinance attempts to clarify is compliance. He inquired if Council's intent was to remove from the City Manager the discretion he currently has in the case of existing citations. Ms. Puskarcik stated that discretion is advisable. For instance, under strict guidelines, the Old Dublin Association would be an example of an entity whose application would be denied. The businesses it represents are not all in compliance with City regulations. Ms. Chinnici - Zuercher stated that ODA should not be held responsible for code infractions of the businesses it represents. Mr. Smith indicated that it is necessary to clarify any situations in which Council would not want the City Manager to have the right to waive compliance, such as criminal case situations. Currently, the City has a case in criminal court with The Shoppes at Athenry. Would Council's desire be that an event application from Mary Kelley's be denied due to the pending criminal case? If so, the same guidelines would have to be applied to any and all other applicants. Farid Masri, 7061 Calvary Court stated that his original intent was that the legislation would be limited to businesses. It is not fair to those businesses who conscientiously apply for permits and take all steps to be compliant with City code when another business can sidestep the whole process and receive a permit as well. Mr. Smith agreed with Mr. Masri's concern, but added that it is also unfair to deny the permit to businesses with outstanding issues due to unresolved litigation. The City's intent is to treat everyone the same, and it is sometimes a difficult balancing act for the City Manager. Ms. Puskarcik used the example of Mary Kelley's, who, this past year, wanted to hold a patio event next door during the Irish Festival. What if Irish Imports decided to partner with Mary Kelley's, and this year Irish Imports applied for the permit? Since Irish Imports is in compliance with City regulations, they should not be denied a permit. Mrs. Boring inquired about other cities' procedures. Mr. Smith stated that, other than the City of Columbus, most of the smaller communities follow an informal administrative process, and those are primarily small events. Dublin seeks this type of legislation due to the size of the City and a desire to protect City property. Mrs. Boring stated that this constitutes over - regulation. Council has become frustrated on behalf of the neighborhood next to Mary Kelley's and is taking steps that will bring a reaction similar to that with the fence code revisions. Aside from the problem with one individual case, the need does not exist to pursue these regulations. Public Services Committee March 5, 2001 Page 4 Mr. Smith agreed that if the Shoppes at Athenry were in compliance, the permitting legislation would not be considered. He noted that his position is that it makes more sense for businesses to spend the money on the necessary elements to become compliant, and have better relations with their neighbors, than in attorney fees to fight the regulations. Ms. Chinnici - Zuercher clarified that the issue triggering the need for this legislation was that Mary Kelley's did not request a permit for the patio event last year. Ms. Puskarcik responded that Mary Kelley's was unaware of the permitting process at that time. Since the tent was already up when the City was notified, the City worked with Mary Kelley's to allow the event with the appropriate City oversight and precautions. Staff did not anticipate that a small group imposed with a restriction to shut down after dark would cause the neighbors undue distress. Ms. Chinnici - Zuercher inquired if the Committee's suggestion is that this be approved as a written administrative process rather than as an ordinance. Ms. Puskarcik pointed out that the ordinance would provide strict guidelines, and there would no longer be a process of working with the applicant to facilitate compromises. Mr. Smith stated that policy direction is adequate if it is exercised with City Manager discretion. The issue is the definition -- should the number of 500 be lowered? Ms. Puskarcik stated that she prefers no number be used. Ms. Chinnici - Zuercher stated that church and school events would have to be exempted. Ms. Puskarcik stated that the definition should require permits for events that would have an impact on the community. Mr. Smith inquired if there is Council consensus to limit the City Manager's discretion on these issues. Ms. Chinnici - Zuercher stated that Council's question to staff was if there is a procedure in place that is consistently applied. Mrs. Boring stated that there was only a minority of Council that questioned the use of City Manager discretion on compliance waivers. Ms. Puskarcik stated that the City's current process assists the applicant, as it is efficient and facilitates resources for the applicant. Mr. Smith asked Mr. Masri, as spokesperson for his neighborhood civic association, if the compliance issues were resolved, would the association then be satisfied? Public Services Committee March 5, 2001 Page 5 Mr. Masri agreed. Ms. Chinnici - Zuercher inquired if Mrs. Boring would agree with the recommendation to Council that, due to the fact that individual events are best handled according to their unique considerations, the Committee supports continuing a permitting process guided by these clarified written administrative procedures. Mrs. Boring agreed with the recommendation, asking that the point be made that the legislation is overly bureaucratic and would actually inhibit staffs ability to work with the applicants. She noted that Mr. McCash might feel differently about the issue. Mr. Smith suggested that the Committee discuss their reasons for the recommendation with Mr. McCash before that recommendation is presented to Council. He pointed out that if City should have a high profile code enforcement issue, Mr. Hansley would handle any related applications accordingly. Ms. Chinnici - Zuercher clarified that the Committee recommendation applies to both ordinances proposed. Ms. Puskarcik stated that she considers the procedure adequate for both permits. She added that in cases where the event is expected to impact residents, staffs practice is to send a letter to the residents in that neighborhood. She added that their internal process could be modified to mirror the language in the proposed legislation. Ms. Chinnici - Zuercher summarized that the Committee would recommend to Council that the administrative procedure remain in place as opposed to legislation being adopted. Ms. Chinnici - Zuercher noted that the next meeting of the Public Services Committee is scheduled for March 19 at 5:30 p.m. Ms. Chinnici - Zuercher adjourned the meeting at 6:45 p.m. Submitted by: Clerk of Council